COMMON CARRIERS.

a fog, which, on hearing the fog signals of an
approaching vessel, failed to give any answer-
ing signal to indicate the presence of her tow, See Carriers.
held liable to contribution for collision, in
which one of her barges was injured.-The
Bern, 371.

COLOR OF TITLE.

See Adverse Possession.

COMBINATIONS.

See Conspiracy; Monopolies.

COMMERCE.

See Carriers; Shipping.

COMPENSATION.

See Brokers, 49-88; Corporations, 308;
Post Office, 21; Shipping, 49.

COMPLAINT.

See Indictment and Information.

COMPOSITIONS WITH CREDITORS.

See Compromise and Settlement.

COMPROMISE.

I. POWER TO REGULATE IN GEN- See Contracts, 68; Corporations, 417.

ERAL.

14 (U.S.C.C.A.) Webb-Kenyon Act held to take away the protection of interstate commerce from all receipt and possession of liquor prohibited by state law.-Theo. Hamm Brewing Co. v. Chicago, R. I. & P. Ry. Co., 9. IV. INTERSTATE COMMERCE

MISSION.

COMPROMISE AND SETTLEMENT.

19(1) (U.S.C.C.A.) Settlement for boilers furnished the government cannot be avoided and overpayment recovered on the ground of mistake in their test made by government repCOM-resentative, as provided by contract; he having acted in good faith and the parties having accepted it in good faith and made it partial consideration of settlement of other differences.-D'Olier Engineering Co. V. United States, 518.

88 (U.S.C.C.A.) Report of Interstate Commerce Commission ordering reparation, second report rescinding the first, and a still later report providing for re-entry of the order of reparation, held to be read together.-Morgan's Louisiana T. R. & S. S. Co. v. Isaac Joseph Iron Co., 15.

94 (U.S.C.C.A.) In action on awards by the Interstate Commerce Commission, held that, where awards were confused, railroad company could not complain of amendment, made more than a year after awards, allowing them to be transposed so as to correct mistakes.-Pennsylvania R. Co. v. Minds, 481.

CONDITIONAL SALES.

See Maritime Liens, 21; Sales, 457.
CONFLICTING JURISDICTION.

See Courts, 497, 508.
CONSENT.

CONSIDERATION.

95(U.S.C.C.A.) An award by the Inter- See Contracts, 270; Courts, 23. state Commerce Commission in favor of a shipper on account of discrimination in furnishing cars is only prima facie evidence of the amount of the damages, and in an action thereon that question can be litigated.-Pennsylvania R. Co. v. Minds, 481.

97 (U.S.C.C.A.) In an action against a railroad company for damages for discrimination in furnishing cars based on awards of Interstate Commerce Commission, held, that an allowance of interest was not subject to attack on ground that claims originally made before commission were unduly inflated.-Pennsylvania R. Co. v. Minds, 481.

See Contracts, 68, 116-137; Corporations, ~~476; Fraudulent Conveyances, 76, 301.

CONSPIRACY.

See Criminal Law, 200, 444, 678, 1169;
Monopolies; Post Office, 48, 49.

II. CRIMINAL RESPONSIBILITY.

(A) Offenses.

98 (U.S.C.C.A.) Finding of Interstate Com-28 (U.S.C.C.A.) Act of master and magismerce Commission as to unreasonableness of trate in conspiring to put servant in condition through rate held conclusive, when supported by evidence, though one of the local rates with which comparison was made applied only to shipments for which no through rates were published.-Morgan's Louisiana T. R. & S. S. Co. v. Isaac Joseph Iron Co., 15.

See Brokers,

COMMISSIONS.
49-88.

of involuntary servitude through prosecution for breach of contract of employment, to require him to perform contract of employment, held insufficient to warrant conviction, under Crim. Code 1909, § 37, of conspiracy to commit offense against United States by violating section 269, peonage statute.-Taylor v. United States, 607.

To sustain conviction of conspiracy to return servant to condition of peonage, it must appear that defendants unlawfully conspired to return

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER
156 C.C.A.-43

servant to condition of peonage as contemplated according to him a full and fair hearing.—In re by Pen. Code 1909, § 269, the peonage statute. Chan Foo Lin, 3. -Id.

An indictment charging a conspiracy to violate the Harrison Drug Act held sufficient to allege the conspiracy to dispose of drugs in the First district of Illinois, in which it was charg-68 (U.S.C.C.A.) Agreement by members of ed that accused's co-conspirator was not reg- firms, as part of settlement of patent litigaistered.-Id. tions, to assign all future improvements or in43 (9) (U.S.C.C.A.) Indictment under Crim. ventions to a corporation to be organized, held Code. $$ 37, 215, charging violation of and con- not lacking in consideration.-Chadeloid Chemspiracy to violate section 215, held to sufficient-ical Co. v. H. B. Chalmers Co., 304. ly charge conspiracy to use mails in execution of scheme and show that matters therein stated had power to effect object of conspiracy. -Preeman v. United States, 429.

less a mutual mistake or fraud is shown.-Bijur Motor Lighting Co. v. Eclipse Mach. Co., 298.

147(1) (U.S.C.C.A.) The intent of the parties to a contract, as expressed in the writing signed by them, must govern in determining their rights as derived therefrom.-Ryan v. Ohmer, 459.

148 (U.S.C.C.A.) In case of doubt, all the negotiations between the parties may be considered in arriving at the true intent of the parties. Ryan v. Ohmer, 459.

con

155 (U.S.C.C.A.) The language of a tract must be interpreted in the sense in which the promisor knew, or had reason to know, that the promisee understood it.-Ryan v. Ohmer, 459.

IV. CAPITAL, STOCK, AND DIVI-
DENDS.

(E) Interest, Dividends, and New Stock.
not ordinarily sue for dividends declared, he
stockholder can-
152 (U.S.C.C.A.) While
may maintain bill to compel declaration where
directors unreasonably refuse. In re Brant-
man, 529.

Courts will not undertake to control directors in the exercise of their discretion as to declaration of dividends, unless they act fraudulently, oppressively, or unreasonably.-Id.

V. MEMBERS AND STOCKHOLDERS. (A) Rights and Liabilities as to Corpora

tion.

(B) Meetings.

165 (U.S.C.C.A.) A parol agreement, made 190 (U.S.C.C.A.) A corporation held not contemporaneously with a written contract, to a necessary party to a suit between stockholdbe enforceable must be in respect of a matter ers in which no corporate right was asserted. distinct from that covered by the writing.--Bogert v. Southern Pac. Co., 489. Bijur Motor Lighting Co. v. Eclipse Mach. Co., 298. 170(2) (U.S.C.C.A.) Company installing 197 (U.S.C.C.A.) While minority fire-alarm system, which transmitted fire holders will be protected against unwarranted alarms to plaintiff's engine room and fire hall, aggressions of majority, majority stockholders held bound to render such services under the will not be enjoined from voting their stock, etc., rule of practical construction.—Missouri Dist. save under imperative necessity.-Davidson v. Telegraph Co. v. Morris & Co., 179. American Blower Co., 33.

stock

Individual defendants, majority stockholders of a corporation, held improperly enjoined from voting their stock, as minority shareholders could be amply protected by an order restraining individual defendants from dissipating property of corporation.-Id.

(C) Suing or Defending on Behalf of Corporation.

204 (U.S.C.C.A.) A corporation which through its control of another caused it to take action as majority stockholder of a third detrimental to the minority stockholders of the latter is liable therefor to the same extent as though it had itself owned the stock.-Bogert v. Southern Pac. Co., 489.

V. PERFORMANCE OR BREACH. 275 (U.S.C.C.A.) Company installing firealarm system held only required to exercise or dinary care in transmitting fire alarms, but, as VI. OFFICERS AND AGENTS. any service but prompt service would be worth- (C) Rights, Duties, and Liabilities as to less, required to render prompt service.-Missouri Dist. Telegraph Co. v. Morris & Co., 179.308(6) (U.S.C.C.A.) Corporation's general

CONTRIBUTION.

See Collision, 147.

CONVEYANCES.

Corporation and Its Members.

manager, who abandoned claim to salary under written contract, and had understanding that sums paid him were in full, held to have no claim for further salary.-Hansen v. Uniform Seamless Wire Co., 43.

309(2) (U.S.C.C.A.) President and principal stockholder of bankrupt corporation, advancing See Chattel Mortgages; Fraudulent Convey- money to carry out composition, held to have ances; Mortgages.

CORPORATIONS.

claim against the corporation for the money advanced.-McKey v. Bruns, 150.

VII. CORPORATE POWERS AND

LIABILITIES.

See Admiralty; Appearance; Attorney and Client, 103; Bankruptcy, 60; Banks and Banking; Cancellation of Instruments; (B) Representation of Corporation by Officers and Agents. Carriers; Evidence, 66; Exchanges; Frauds, Statute of; Judges; Municipal Cor-399(4) (U.S.C.C.A.) The officers of a porations; Pledges; Principal and Surety; poration are its agents, and if they act within Railroads. their actual authority, or even within the appar

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER

cor

Corporations

156 C. C. A. REPORTS

ent scope thereof, in making a contract, the cor- | VIII. INSOLVENCY AND RECEIVERS. poration will be bound.-Bijur Motor Lighting Co. v. Eclipse Mach. Co., 298.

one receiving 417 (U.S.C.C.A.) Where stock in payment for services and bonds as a bonus sued the controlling stockholder therefor, and a settlement was made, the company and the other stockholders held not estopped to deny that he was a bona fide purchaser of the bonds.-Williamson v. Collins, 347.

(D) Contracts and Indebtedness.

←476(3) (U.S.C.C.A.) Stockholders to whom mortgage bonds were issued as bonus held to have no standing as creditors or in competition with actual creditors.-Williamson v. Collins,

347.

Stockholders to whom mortgage bonds were issued as a bonus by agreement of all stockholders held not entitled to have mortgage sustained as a lien for their benefit.-Id.

479 (U.S.C.C.A.) Stockholder who increased stock subscription because of issuance of mortgage bonds to the stockholders as a bonus held not a bona fide holder of the bonds.-Williamson v. Collins, 347.

One paid in stock for services in promoting company, and receiving mortgage bonds as a bonus because other stockholders were receiving them, held not a bona fide holder.-Id.

Holders of mortgage bonds issued as a bonus, transferring them to bona fide holders, held liable to the company for the face of the bonds and the matured coupons.-Id.

Stockholders receiving mortgage bonds as a bonus, and selling stock and bonds on representation that the bonds were valid and the stock a bonus, held not entitled to reimbursement from their vendees when subsequently held liable to the company for the amount of the bonds.-Id.

480 (U.S.C.C.A.) Mortgage bonds issued to stockholders as bonus by consent of all held to have priority over the original stock and also over a subsequent issue of preferred and common stock.-Williamson v. Collins, 347.

4802 (U.S.C.C.A.) Holders in due course of mortgage bonds of corporation, invalid between original parties, held entitled to have lien preserved for their benefit, and to be placed on an equality with other creditors as to assets not covered by the mortgage.-Williamson v. Collins, 347.

550(10) (U.S.C.C.A.) The controlling stockholder in a corporation who took assignment from the company, which was subsequently set aside, was entitled to reimbursement upon pay ment of its debts incurred by him where the company received the full benefit.-Williamson v. Collins, 347.

XII. FOREIGN CORPORATIONS.

657(3) (U.S.C.C.A.) Statute (Hurd's Rev. St. Ill. 1915-16, c. 32, § 67g) forbidding suits by foreign corporations not filing reports held not to invalidate contract on which cause of action was complete before the failure to file such report.-Kawin & Co. v. American Colortype Co, 97.

661(7) (U.S.C.C.A.) State statute (Hurd's Rev. St. Ill. 1915-16, c. 32, § 67g) prohibiting actions by foreign corporations not filing reports held not to prohibit action in federal court on cause of action complete before the failure to file the report.-Kawin & Co. v. American Colortype Co., 97.

COSTS.

See Appeal and Error, 709, 984; Courts, 357.

COURT RULES CITED.

Equity Rule 30.-23.
Equity Rules 47, 56, 57.-142.
COURTS.

See Bankruptcy, 293; Equity, 35: Ex-
ecutors and Administrators, 250; Habens
Corpus, 85-111; Judges; Pleading,
204; Removal of Causes.

I. NATURE, EXTENT, AND EXERCISE
OF JURISDICTION IN GENERAL.

23 (U.S.C.C.A.) Jurisdiction cannot be conferred by consent or failure of parties to raise question in trial court.-Spencer v. Patey, 253.

VII. UNITED STATES COURTS. (A) Jurisdiction and Powers in General.

264(1) (U.S.C.C.A.) Neither citizenship of parties nor any other factor that would ordinarily determine jurisdiction has any bearing on the right of the court to entertain jurisdic4822 (U.S.C.C.A.) Stockholders to whom tion of a suit ancillary to a pending suit.-Memortgage bonds were issued as bonus, though Cabe v. Guaranty Trust Co. of New York, 357. subordinated to rights of creditors, held en-273 (U.S.C.C.A.) Injunction may be granted titled to dividends and redemption of the bonds out of surplus, to have sinking fund created, and, in case of liquidation, to have the bonds redeemed after creditors were satisfied.-Williamson v. Collins, 347.

(F) Civil Actions.

522 (U.S.C.C.A.) Enforcement of judgment against holders of bonds issued as a bonus and transferred to bona fide holders, held to be conditioned on failure to give security and to provide for return of the bonds to them when paid.-Williamson v. Collins, 347.

against subordinates of Secretary of Agricul ture for attempting to enforce unlawful orders, though Secretary of Agriculture, not being within district, and not appearing, could not have been enjoined.-Brougham v. Blanton Mfg. Co., 201.

(B) Jurisdiction Dependent on Nature of Subject-Matter.

290 (U.S.C.C.A.) Where, in an infringement suit, the patent is held valid and infringed, a claim for unfair competition arising out of the infringement may be considered in the accounting of profits and damages, although the parties

(F) State Laws as Rules of Decision. ~366(1) (U.S.C.C.A.) Generally a federal court treats the construction of a state statute by the highest court of the state as part of it and read into it.--Turner v. Board of Trade of City of Chicago, 536.

308 (U.S.C.C.A.) Under Jud. Code, $$ 50, 367 (U.S.C.C.A.) Illinois decisions that sell51, where jurisdiction depends on diversity of er, upon buyer's refusal to accept, may vest the citizenship alone, and there is only one defend- buyer with title and sue for the purchase price, ant, suit must be brought in either district of held binding on federal court.-Kawin & Co. v. his residence or that of plaintiff, but where American Colortype Co., 97. there are several defendants, court has juris-372(4) (U.S.C.C.A.) Even though price of diction of all if one or more are residents of goods refused by buyer is recoverable in Illinois district and others are found there.-Camp V. merely as damages, held, that federal courts will Gress, 549. lean toward an agreement with the state court. -Kawin & Co. v. American Colortype Co., 97.

Even if plea in abatement was good as to one of defendants, joint makers of contract, it could not avail others, in view of Jud. Code, § 50.-Id.

312(1) (U.S.C.C.A.) Action to recover back money deposited in court as condition of granting temporary injunction held not one upon a note or chose in action within Judicial Code, § 24, as to actions by assignee.-Menasha Wooden Ware Co. v. Southern Oregon Co., 511,

518.

322(3) (U.S.C.C.A.) Complaint alleging that plaintiff was citizen of New Jersey, and that defendant was joint-stock association with principal place of business in New York, held not sufficient to give federal courts jurisdiction on ground of diversity of citizenship.-Spencer v. Patey, 253.

323 (U.S.C.C.A.) Allegation of plea that plaintiff was citizen of New Jersey held an admission thereof by defendant, in the absence of plea or evidence to the contrary.-Kawin & Co. v. American Colortype Co., 97.

Allegation of diversity of citizenship held prima facie proof thereof, and established as by default, unless traversed and proof made to the contrary. Id.

324 (U.S.C.C.A.) In ancillary suit to restrain further proceedings in state court, held, that jurisdiction of original suit on ground that it was not removable as for diversity of citizenship could not be questioned.-McCabe v. Guaranty Trust Co. of New York, 357.

(E) Procedure, and Adoption of Practice of State Courts.

of

(H) Circuit Courts of Appeals. 405(5) (U.S.C.C.A.) Though question District Court's jurisdiction was raised, held, that defendant might appeal to the Circuit on the merits and have the question certified Court of Appeals from the judgment against it by that court.-Kawin & Co. v. American Colortype Co., 97.

407 (5) (U.S.C.C.A.) On appeal under Judicial Code, § 129, from interlocutory decree granting an injunction and directing an accounting, held that the propriety of ordering an accounting could not be reviewed.-Chadeloid Chemical Co. v. H. B. Chalmers Co., 304.

VIII. CONCURRENT AND CONFLICT-
ING JURISDICTION, AND

COMITY.

(B) State Courts and United States Courts.

497 (U.S.C.C.A.) Plaintiff, who by depositing money in court obtained temporary injunction, held in no position to claim that the money was not in custody of the law because order requiring deposit was conditional upon deposit of tax receipts by defendant.-Menasha Wooden Ware Co. v. Southern Oregon Co., 511, 518.

Though suit in which money was ordered deposited to await final determination of another suit had been dismissed, held, that the money was still in the custody of the law and could not be recovered in a federal court.-Id.

508 (1) (U.S.C.C.A.) In a case where a federal court first obtains jurisdiction of the 332 (U.S.C.C.A.) The equity rules, which subject-matter in controversy, it may, to prowent into effect February, 1913, apply to protect or aid in the effective exercise of, such ceedings in causes then pending, as well as those jurisdiction, enjoin proceedings in a state court, thereafter brought.-E. G. Staude Mfg. Co. v. notwithstanding Rev. St. § 720, now Judicial Labombarde, 142. Code. 265.-Swift v. Black Panther Oil & Gas Co., 448.

352 (U.S.C.C.A.) A state statute, establishing a rule of procedure in actions for in-508 (3) (U.S.C.C.A.) A federal court, which juries at railroad crossings, held not to apply first obtained jurisdiction over land having oil to a case brought in a federal court in another leases thereon, under which its receiver was state.-Hall v. West Jersey & S. R. Co., 532. receiving the royalties, held to have power by ment for royalties obtained against the lessee injunction to restrain enforcement of a judgin a state court.-Swift v. Black Panther Oil & Gas Co., 448.

357 (U.S.C.C.A.) Under equity rules 47, 56, 57, held that, where a case was dropped from the trial calendar on stipulation of the parties, and was not reinstated within a year, costs could not, on dismissal, be awarded in favor of defendant and against plaintiff.-E. G. Staude Mfg. Co. v. Labombarde, 142.

CREAMO OLEOMARGARINE.

See Food.

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER